Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendants plea unconditionally. [2] Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which manifest necessity has been shown following a mistrial, and in the seating of a second grand jury if the first refuses to return an indictment
Posted on: Thu, 31 Oct 2013 03:47:32 +0000
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